M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

Transfer Pricing Guidelines 2010 supports this view in para 7.13 where it is explained that where higher credit rating of Associated Enterprise is due to a guarantee by another group member, such association positively enhances the profit making potential of that Associated Enterprise. We, therefore, find ourselves in agreement with the contention of the Page 27 of 41 I.T.A

M/S PHILLIPS INDIA LIMITED,KOLKATA vs. ACIT, CIR-12(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 612/Kol/2017 Assessment Year : 2012-13 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

iv. development of data processing d. fiscal and legal matters , including patents, trademarks and customs duties, particularly in international transactions ; e. personal matters particularly with respect to : i. the selection and training of personnel ; ii. an adequate personnel policy; f. insurances; g. admittance at the Company’s specific request and at mutually agreed terms of a reasonable number of employees

M/S. PHILIPS INDIA LIMITED (FORMERLY PHILIPS ELECTRONICS INDIA LITD.),KOLKATA vs. ACIT, CIRCLE - 12(2), KOLKATA , KOLKATA

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Hon’Ble Shri A.T.Varkey, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 2489/Kol/2017 Assessment Year : 2013-14 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

iv. development of data processing d. fiscal and legal matters , including patents, trademarks and customs duties, particularly in international transactions ; e. personal matters particularly with respect to : i. the selection and training of personnel ; ii. an adequate personnel policy; f. insurances; g. admittance at the Company’s specific request and at mutually agreed terms of a reasonable number of employees

M/S. PHILIPS INDIA LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am M/S Philips India Limited Dcit, Circle 11(1) 3Rd Floor, Tower-A, Dlf Park, Aaykar Bhavan, P-7, 08 Block Af, Major Arterial Chowringhee Square, Road, New Town (Rajarhat), Vs. Kolkata-700069, Kolkata-700156, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcp9487A Assessee By : Shri Ketan Ved, Ar Revenue By : Shri A. Kundu, Cit Dr Date Of Hearing: 07.03.2025 Date Of Pronouncement : 11.03.2025

transfer pricing adjustment stands deleted. Consequently, ground nos. 6 the assessee’s appeal stand allowed. 023. The issue raised in ground no.7, is against the disallowance of expenses of ₹7,50,50,000/- u/s 14A of the Act in relation to earning of exempt income. 024. The facts in brief are that during the year under consideration, the appellant

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-11(2), KOLKATA, KOLKATA

In the result the appeal of the assessee is partly allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 1068/Kol/2015 Assessment Year : 2006-07

IV. Inclusion of Comparable (Sasken Technologies Ltd.) sought by the assessee. 11. As far as the claim of the assessee for risk adjustment and workiing capital adjustments is concerned the DRP held as follows :- “ 10.0 Finding: 10.1 DRP has carefully considered the facts of the case and the submissions of the taxpayer. The panel is not inclined to accept

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Transfer Pricing Officer, case was referred to the TPO, consequent to the reference, the TPO forwarded the order u/s 92CA(3) of the Act and downward adjustment to the income of the assessee with respect to 80IA units is computed at Rs. 28,34,57,200/-. The AO after considering the order passed by the TPO and reply submitted

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Transfer Pricing Officer, case was referred to the TPO, consequent to the reference, the TPO forwarded the order u/s 92CA(3) of the Act and downward adjustment to the income of the assessee with respect to 80IA units is computed at Rs. 28,34,57,200/-. The AO after considering the order passed by the TPO and reply submitted

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Transfer Pricing Officer, case was referred to the TPO, consequent to the reference, the TPO forwarded the order u/s 92CA(3) of the Act and downward adjustment to the income of the assessee with respect to 80IA units is computed at Rs. 28,34,57,200/-. The AO after considering the order passed by the TPO and reply submitted

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Transfer Pricing Officer, case was referred to the TPO, consequent to the reference, the TPO forwarded the order u/s 92CA(3) of the Act and downward adjustment to the income of the assessee with respect to 80IA units is computed at Rs. 28,34,57,200/-. The AO after considering the order passed by the TPO and reply submitted

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Transfer Pricing Officer, case was referred to the TPO, consequent to the reference, the TPO forwarded the order u/s 92CA(3) of the Act and downward adjustment to the income of the assessee with respect to 80IA units is computed at Rs. 28,34,57,200/-. The AO after considering the order passed by the TPO and reply submitted

M/S ABHIJEET ENTERPRISE LTD.,KOLKATA vs. ITO, WARD 2(2), KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed for statistical purpose

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

price with sum credited i.e. receipt of money so as to invoke Section 68 of the Act The Assessing Officer failed to appreciate the difference between the two. He submitted that there was no receipt or involvement of any sum or cash in the entire sequence of transaction and therefore urged that the provisions of Section 68 was not applicable

D.C.I.T CC - XXVIII,KOLKATA, KOLKATA vs. M/S SPML INFRA LTD (ERSTWHILE M/S SUBHAS PROJECTS& MARKETING LTD), KOLKATA

In the result, Revenue’s appeal is dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Price for diligent and due fulfillment of all obligations under the contract. The said guarantee was to provide for payment of any claims/damages due to the owner for failure of the assessee to met his obligations ITA No.1291-1292/Kol/2013 A.Ys 06-07 & 09-10 DCIT CC-XXVIII, Kol. v. M/S SPML Infra Ltd Page 11 under the contract. The said guarantee

ITO, WARD-46(1), KOLKATA, KOLKATA vs. ANUPAM NANDI, HOWRAH

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Sri Aby T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.774/Kol/2012 Assessment Year : 2007-08 I.T.O., Ward-46(1) -Vs.- Shri Anupam Nandi Kolkata Kolkata [Pan : Abipn 4303 N] (Appellant) (Respondent) For The Appellant : Md.Ghayas Uddin, Jcit,Sr.Dr For The Respondent : Shri Miraj D.Shah, Ar

transferred to the assessee to continue the business of money lending from 1997 onwards and thereafter with the aforesaid documents that has been produced before us the assessee was able to establish that he had 27,927.17gms of gold in 1997 which was duly reflected in the notes forming part of balance sheet as on 31.03.2009 ( page

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

iv) Hindusthan paper Corporation No.47/Kol/2012. Ltd. in ITA\nNO.47/KOL/2012\nThe aforesaid judgements will not support the case of the assessee\nas the same are rendered in the different facts altogether. In the\naforesaid decisions, the ratio was that only those expenditures which\nhas nexus to the exempt income are to be disallowed. However in the\npresent case the nexus between

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

iv) Hindusthan paper Corporation No.47/Kol/2012. Ltd. in ITA NO.47/KOL/2012 The aforesaid judgements will not support the case of the assessee as the same are rendered in the different facts altogether. In the aforesaid decisions, the ratio was that only those expenditures which has nexus to the exempt income are to be disallowed. However in the present case the nexus between

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

iv) Hindusthan paper Corporation No.47/Kol/2012. Ltd. in ITA\nNO.47/KOL/2012\nThe aforesaid judgements will not support the case of the assessee\nas the same are rendered in the different facts altogether. In the\naforesaid decisions, the ratio was that only those expenditures which\nhas nexus to the exempt income are to be disallowed. However in the\npresent case the nexus between

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

In the result, the appeals filed by the assessee in ITA Nos

iv) Hindusthan paper Corporation No.47/Kol/2012. Ltd. in ITA\nNO.47/KOL/2012\nThe aforesaid judgements will not support the case of the assessee\nas the same are rendered in the different facts altogether. In the\naforesaid decisions, the ratio was that only those expenditures which\nhas nexus to the exempt income are to be disallowed. However in the\npresent case the nexus between

M/S. COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

iv) Hindusthan paper Corporation No.47/Kol/2012. Ltd. in ITA\nNO.47/KOL/2012\nThe aforesaid judgements will not support the case of the assessee\nas the same are rendered in the different facts altogether. In the\naforesaid decisions, the ratio was that only those expenditures which\nhas nexus to the exempt income are to be disallowed. However in the\npresent case the nexus between